Aggravated Assault

Question 1

Criminal liability for Aggravated Wounding

Answer 1

Aggravated Wounding - s191(1) Crimes Act 1961

• With intent
• To commit or facilitate the commission of any imprisonable offence; or
• To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
• To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence;
• wounds, maims, disfigures, or causes grievous bodily harm to any person, or stupefies or renders unconscious any person, or by any violent means renders any person incapable of resistance.

Question 2

Criminal liability for Aggravated Injury

Answer 2

Aggravated Wounding - s191(2) Crimes Act 1961

• With intent
• To commit or facilitate the commission of any imprisonable offence; or
• To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
• To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence;
• Injures
• any person

Question 3

What is the two-fold test for intent

Answer 3

in proving an offence against section 191, the prosecution must satisfy a ‘two-fold’ test for intent:

1. The defendant intended to facilitate the commission of an imprisonable offence (or one of the other intents specified in paras (a), (b) or (c), and
2. He or she intended to cause the specified harm, or was reckless as to that risk.

Question 4

R v Tihi

Answer 4

In addition to one of the specific intents outlined in paragraphs (a), (b) or (c), “it must be shown that the offender either meant to cause the specified harm, or foresaw that the actions undertaken by him were likely to expose others to the risk of suffering it

Question 5

To facilitate

Answer 5

To “facilitate” means to make possible, or to make easy or easier.

Question 6

Avoid Detection

Answer 6

Offences under s191(1)(b) arise during the commission of an imprisonable offence, where the offender causes the specified harm to prevent himself or another person from being “caught in the act”.

Question 7

Facilitate flight

Answer 7

Offences under section 191(1)(c) arise after an imprisonable offence has been committed or attempted. The specified harm is caused to enable the offender or offenders to more easily make their escape, or to prevent their capture.

Question 8

R v Wati

Answer 8

There must be proof of the commission or attempted commission of a crime either by the person committing the assault or by the person whose arrest or flight he intends to avoid or facilitate.

Question 9

Stupefies

Answer 9

‘cause an effect on the mind or nervous system of a person, which really seriously interferes with that person’s mental or physical ability to act in any way which might hinder an intended crime’

Question 10

Renders unconcious

Answer 10

To “render” means to “cause to be” or “cause to become”.

To render a person ‘unconscious’, the offender’s actions must cause the victim to lose consciousness.

Question 11

Violent means

Answer 11

The term “violent means” includes the application of force that physically incapacitates a person, such as tying the victim’s hands and feet or inflicting debilitating injuries.

Question 12

Criminal Liability for Aggravated Assault (imprisonable offence)

Answer 12

Aggravated Assault - s192(1) Crimes Act 1961

• Assaults
• Any other person
• with intent
• To commit or facilitate the commission of any imprisonable offence; or
• To avoid the detection of himself or of any other person in the commission of any imprisonable offence; or
• To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any imprisonable offence.

Question 13

Criminal Liability for Aggravated Assault (obstruction)

Answer 13

Aggravated Assault - s192(2) Crimes Act 1961

• Assaults
• Any constable or
• any person acting in aid of any constable or
• any person in the lawful execution of any process,
• with intent
• to obstruct the person so assaulted in the execution of his duty.

Question 14

Three elements of assault:

Answer 14

• intention to apply or attempt to apply force to another
• application or attempted application of force, whether directly or indirectly, or
• threaten to apply force in circumstances where the victim believes the offender will be able to carry out the threat.